What are the differences between in personam and in rem jurisdiction in international litigation?

In international litigation, there are two primary types of jurisdiction: in personam and in rem. In personam jurisdiction is the ability of a court to issue a judgment against a person or entity based on a legal claim. In general, for a court to have jurisdiction over a person or entity, that person or entity must have a certain level of minimum contact with the state in which the court is sanctioned. In the United States, this is usually evidenced by having a physical presence in the state, like a residence or business. In rem jurisdiction, on the other hand, is the power of a court to make binding decisions regarding a piece of property, regardless of the owner’s location or presence. This means that regardless of where the owner is located, the court of the state in which the property is located can exercise jurisdiction over it. In summary, in personam jurisdiction involves legal claims against a person or entity, while in rem jurisdiction includes decisions on property, regardless of the geographic location of the owner. In the United States, in order to exercise in personam jurisdiction, there must be a certain level of contact between the person or entity and the state. In contrast, in rem jurisdiction allows a court to have jurisdiction over a piece of property that is located within the state.

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What are the differences between in personam and in rem jurisdiction in international litigation?

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